Tilted Forum Project Discussion Community - View Single Post - Eminent-domain strikes again, I dare you to defend it.

DEI37 · 06-28-2005, 07:08 PM

I'm not fully (or even partially) versed in eminent domain, but I will say that in most case, especially this one, that it's a load of hooey. I like the one quote, back on page one, where the city officials said they were doing the renovations in the "HOPE" of improvements. That's bullshit, 110%. You had best NOT hope it's gonna improve the city. You better KNOW 130% that it WILL.

On the topic of "just compensation," giving someone market value for their home is ridiculous. My house was given a FMV (Fair Market Value) of just under $80,000. If I'm offered $80,000, what does that do for me? Not much, really. It gets me out, and that is it. It doesn't pay to find another place, doesn't pay for the time off from work that will be required to search, inspect, and do all the final closing on a new place, nor does it pay for the place that I have to stay between residences.

I realize that there is probably a time frame given, but, in extenuating circumstances, it may not be enough time. What then? If a person has to find land, then build a house, that takes a bit longer yet.

My opinion on the matter is this...I understand the provison to take, with just compensation. However, if the evictee isn't wanting nor willing to sell, or move, then the local government can do no more. Forcing a sell would constitute some such crime that I can't think of a name for...either way, it's bad. Theft, it would almost amount to. If a government wants land, they can go about it like us common folk do. If they don't like it, that's too bad. If E-D needs to be invoked, just compensation needs to equal FMV for the residence, plus a percentage of a year's wages, plus compensation for time living in an apartment, plus the downpayment to a new home, plus another 15% of that overall total for the inconvenience. Maybe more.

I'll go away now, before I get too worked up, and get myself in trouble. At least you know what I think.

On trickyy's article above, I do find that ironic, really. As much as I dislike the whole general idea of E-D, this would kick ass! Get bit by the law/decision that you approved!

06-28-2005, 07:08 PM	#85 (permalink)
DEI37 Go faster! Location: Wisconsin	I'm not fully (or even partially) versed in eminent domain, but I will say that in most case, especially this one, that it's a load of hooey. I like the one quote, back on page one, where the city officials said they were doing the renovations in the "HOPE" of improvements. That's bullshit, 110%. You had best NOT hope it's gonna improve the city. You better KNOW 130% that it WILL. On the topic of "just compensation," giving someone market value for their home is ridiculous. My house was given a FMV (Fair Market Value) of just under $80,000. If I'm offered $80,000, what does that do for me? Not much, really. It gets me out, and that is it. It doesn't pay to find another place, doesn't pay for the time off from work that will be required to search, inspect, and do all the final closing on a new place, nor does it pay for the place that I have to stay between residences. I realize that there is probably a time frame given, but, in extenuating circumstances, it may not be enough time. What then? If a person has to find land, then build a house, that takes a bit longer yet. My opinion on the matter is this...I understand the provison to take, with just compensation. However, if the evictee isn't wanting nor willing to sell, or move, then the local government can do no more. Forcing a sell would constitute some such crime that I can't think of a name for...either way, it's bad. Theft, it would almost amount to. If a government wants land, they can go about it like us common folk do. If they don't like it, that's too bad. If E-D needs to be invoked, just compensation needs to equal FMV for the residence, plus a percentage of a year's wages, plus compensation for time living in an apartment, plus the downpayment to a new home, plus another 15% of that overall total for the inconvenience. Maybe more. I'll go away now, before I get too worked up, and get myself in trouble. At least you know what I think. On trickyy's article above, I do find that ironic, really. As much as I dislike the whole general idea of E-D, this would kick ass! Get bit by the law/decision that you approved! __________________ Generally speaking, if you were to get what you really deserve, you might be unpleasantly surprised.